Using a Loan to Fund Your EB-5 Investment
Considering the EB-5 visa program but don't have the full $800,000 investment? An EB5 loan could be an option to fund your investment.
If you're an international student studying in the United States on a F-1 visa, you might be wondering about your options for staying in the country long-term. While the path to permanent residency might seem complex, the EB-5 immigrant investor program offers an interesting alternative that many students don’t know about. Let's explore how these visa categories differ and what you need to know about making the transition.
Understanding F-1 vs. EB-5: Key Differences
F-1 Student Visa
- Temporary, non-immigrant visa specifically for academic studies
- Allows students to study at U.S. educational institutions
- Permits limited work through Optional Practical Training (OPT) for 1-3 years
- Requires maintaining student status and school sponsorship
- Students must leave the U.S. after completing studies unless they secure another visa status
EB-5 Immigrant Visa
- Permanent residency path through investment
- No employer or school sponsorship required
- Freedom to live and work anywhere in the United States
- Permanent residents have access to in-state tuition and financial aid
- Includes benefits for spouse and unmarried children under 21
- Minimum investment requirement of $800,000 in qualifying projects
- Must create or preserve 10 full-time jobs for U.S. workers
Can F-1 Visa Holders Apply for an EB-5 Visa?
The answer is Yes - and you have more flexibility than you might think. As a F-1 visa holder, you can apply for an EB-5 visa at any point during your stay in the United States. Whether you're just starting your first year of school, in the middle of your studies, or even during your Optional Practical Training (OPT) period, the option is available to you.
However, there are some important requirements to keep in mind. You'll need access to the minimum investment amount of $800,000, and if you're presently in the U.S., you must qualify as an accredited investor with at least $1 million in investable assets. Many students receive the funds for their investment through a gift or loans from family members, which is perfectly acceptable, as long as you can demonstrate that the money comes from legitimate sources.
How Long Does the Process Take?
When it comes to processing times, flexibility is key. The timeline for obtaining your EB-5 visa after applying from F-1 status can vary significantly, primarily depending on how quickly the U.S. Citizenship and Immigration Service (USCIS) processes applications. Currently, processing times typically range from 4 to 18 months. While there aren't set deadlines or guaranteed timeframes, there's good news - concurrent adjust filing options may be available, which can help streamline the process and provide you with work and travel authorization.
If you are considering this path, it's smart to apply early, ideally while concurrent filing is available for your country of origin. This gives you the best chance of completing the process before your F-1 visa or OPT expires.
The Freedom of No Sponsorship
One of the most attractive aspects of the EB-5 visa is the independence it offers. Unlike your F-1 visa, which ties you to a specific school and requires maintaining student status, or an H1-B visa that ties you to an employer, the EB-5 visa gives you complete freedom. You won't need an employer sponsor or school sponsorship, and there are no restrictions on where or how you work. Want to start your own business? You can do that. Interested in changing jobs or moving to a different state? That's completely fine too. You can also apply to internships during the school year and participate in the recruitment process so that upon graduation you do not have the stress of the OPT process.
The Full Picture of Benefits
The advantages of choosing the EB-5 path go beyond just employment freedom. You're not dealing with any lottery systems or random selection processes like some other visa categories. Instead, you're on a direct path to permanent residency without the hassle of ongoing renewals. If concurrent filing is available, you might even be able to file for adjustment of status while your EB-5 petition is processing.
For students pursuing higher education in the United States, the EB-5 visa can offer significant tuition advantages. As lawful permanent residents, EB-5 visa holders qualify for in-state tuition rates at public universities after establishing residency in their chosen state, typically after living there for12 months. This can result in substantial savings compared to the higher rates charged to international students or out-of-state residents.
In addition, EB-5 visa holders, as permanent residents, have significantly better access to financial aid opportunities compared to international students. They can apply for federal student loans through FAFSA (Free Application for Federal Student Aid) and qualify for government-backed education loans with more favorable interest rates and repayment terms than private international student loans. Additionally, permanent residents are eligible for many scholarships and grants that are restricted to U.S. citizens and permanent residents, opening a much broader range of funding opportunities that are unavailable to international students. This includes merit-based scholarships from universities, need-based institutional aid, and various state and federal grant programs.
Your family benefits too. With an EB-5 visa your spouse and unmarried children under 21 are eligible for green cards without any additional investment required. This means access to American educational opportunities and the ability for your spouse to work freely in the U.S.
It's also worth noting that the $800,000 requirement isn't just a fee, it's an investment that you may potentially recover after the minimum investment period. While you're working toward your green card, your investment is contributing to U.S. economic growth and job creation.
Making Your Transition Successful
Timing is crucial when planning your transition. Keep an eye on concurrent filing availability for your country and plan around your F-1 visa and OPT expiration dates. You'll need to think about securing the minimum investment amount, meeting accredited investor requirements if applicable, and gathering all necessary documentation.
Speaking of documentation, you'll need to prepare quite a bit of paperwork. This includes proof of where your investment funds came from, investment documentation, verification of your current F-1 status, academic records, and financial statements. While it might seem overwhelming, proper organization and preparation can make the process much smoother. It is important to work with an experienced immigration attorney that has vast experience representing investors for the EB-5 Visa as this will ensure that your petition and documentation is in compliance with the program's requirements. If you don't have an attorney, Peachtree Group works with several excellent immigration attorneys and can recommend a few for you to contact.
Taking the Next Step
The EB-5 program offers a unique opportunity for F-1 students to secure permanent residency through investment. Yes, the initial financial requirement is substantial, but the benefits of permanent residency, career freedom, and family inclusion make it worth considering if you have the means to invest.
Success in this transition comes down to careful planning, thorough preparation, and timely application. Given the complexity of immigration law and investment requirements, it's wise to work with qualified immigration attorneys and investment advisors who can guide you through the process and ensure you meet all program requirements. They can help you understand the nuances of your specific situation and maximize your chances of a successful transition from student to permanent resident.
Peachtree Group has more than 40 years’ experience in EB-5 investing. Have questions about EB-5, visit our website or fill out our contact form.
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If you enjoyed this article, read through these related press releases and insights.
If you're considering the EB-5 visa program but don't have the full $800,000 investment amount readily available, you may be wondering: can you use an EB5 loan to fund your investment? The answer is yes, but there are important requirements and considerations to understand.
The 2022 Law Change Made EB5 Loans Clear
The EB-5 Reform and Integrity Act of 2022 brought significant clarity to the loan question. "The new law clarified that loans are okay. Before then, it was not clear whether a loan was okay, "explains Adam Greene, EVP EB-5 for Peachtree Group. Previously, the immigration service had taken the position that borrowed funds didn't qualify as capital if they weren't the investor's own assets.
Under the new law, gifted or borrowed funds may be counted as long as they meet two key requirements: the funds were obtained "in good faith" and were not used "to circumvent any limitations of permissible sources of capital."
What USCIS Needs to See for EB-5 Loans
When documenting an EB-5 loan, USCIS requires specific evidence:
- A valid loan agreement with clear terms
- Documentation of the loan source and how proceeds are transferred
- Proof that you, not someone else, are responsible for repayment
- Evidence of the lender's source of funds (unless from a U.S. chartered bank)
"As long as you can trace the money to a loan from a US chartered bank, that's OK," Greene notes. "However, if borrowing from individuals, you'll need to demonstrate that their source of capital is legitimate.”
Valid EB-5 Loan Sources
Several loan types can work for EB-5 investments:
- Home equity lines of credit
- Loans against investable assest (margin loans)
- Personal loans from banks with proper collateral
- Loans from companies or trusts you own
- Unsecured loans, if properly documented
"Any of these loans is valid as long as there is a legally enforceable loan agreement and you can establish that the funds that you get from the loan were sourced legitimately," Greene explains.
Key Risks to Avoid
The biggest red flag is attempting to circumvent source of funds requirements. "If you're trying to do something cute or tricky or something that just makes it easier to document your source of funds, you violate the spirit of the EB-5 law and you will have a high risk of I-526E denial.," warns Greene.
Other risks include:
- Inadequately documented loan agreements
- Loans secured by the EB-5 project itself
- Immediate loan repayment wiht unsourced funds
Peachtree Group's EB-5 Loan Solution
Recognizing the complexities of EB-5 loan documentation, Peachtree Group has created an affiliated lender that provides loans specifically for EB-5 investors. This program offers several advantages:
Unsecured Loan Structure: "We have an affiliated lender that actually will provide a loan to an investor that doesn't have a formal security agreement against the assets of the borrower," Greene explains. This eliminates potential complications with the immigration service regarding security interests in the EB-5 investment itself.
Flexible Repayment Terms: The loan doesn't need to be repaid for up to five years from origination. "It's very possible or even likely that their EB-5 investment may be repaid within those five years," Greene notes, meaning investors might use their returned EB-5 capital to repay the loan. Of course, EB-5 investors would remain personally liable for any shortfall in repayment proceeds, which is required to satisfy the “at-risk” requirements of the EB-5 program.
Streamlined Source of Funds: Since the affiliate lender sources funds from a US chartered bank, the documentation process is simplified. "We are able to prove that we funded off a bank line and therefore that should be sufficient for source of funds," Greene explains.
Clear Risk Structure: Investors who use $400,000 of their own funds plus a $400,000 loan are "at risk for $800,000,"satisfying USCIS requirements while providing financing flexibility.
The Bottom Line
"Loans are allowed under the new law unambiguously; it’s written in the text of the law," Greene emphasizes.
Success requires careful planning and proper documentation. The loan must represent genuine risk to the investor, and all source of funds requirements must be met.
Peachtree Group's affiliated lending program is designed to navigate these requirements while providing investors with flexible financing options. Before proceeding with any EB-5 loan structure, consult with an experienced immigration attorney to ensure compliance and avoid potential complications during the adjudication process.
Peachtree Group Receives USCIS Approval for EB-5 Funded Madison Bradenton Multifamily Development
Peachtree Group has received I-956F approval from U.S. Citizenship and Immigration Services (USCIS), the federal agency that oversees the EB-5 Immigrant Investor Program, for the development of Madison Bradenton, a 240-unit multifamily community in Bradenton, Fla.
Peachtree Group (“Peachtree”) has received I-956F approval from U.S. Citizenship and Immigration Services (USCIS), the federal agency that oversees the EB-5 Immigrant Investor Program, for the development of Madison Bradenton, a 240-unit multifamily community in Bradenton, Fla.
The approval marks another major step forward for Peachtree’s EB-5 program, which drives economic growth and job creation through foreign investment in U.S. projects.
“Madison Bradenton reflects the strong demand for high-quality multifamily housing in growing markets,” said Adam Greene, executive vice president of EB-5 at Peachtree. “This project underscores our ability to pair EB-5 financing with secured lending, delivering attractive opportunities for investors while meeting critical housing needs.”
This marks Peachtree’s fourth I-956F approved development. Previous projects include Home2 Suites by Hilton in Boone, N.C., Spring Hill Suites by Marriott in Bryce Canyon, Utah and TownePlace Suites by Marriott in Palmdale, Calif.
Peachtree launched its EB-5 program in 2023 and remains committed to delivering high-quality, job-creating projects nationwide.
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Peachtree originated $47 million in floating-rate construction financing with a four-year term for the development. The project will include five four-story, elevator-serviced apartment buildings and one two-story carriage-style building, along with a clubhouse and several garage structures.
The 10.7-acre site at 303 301 Boulevard West sits in Manatee County, one of Florida’s fastest-growing areas. The location offers access to major employers, top healthcare centers and leisure destinations, including Siesta Key Beach, ranked among the nation’s best.
The community will feature 120 one-bedroom, 100 two-bedroom and 20 three-bedroom residences, averaging 1,027 square feet. Units will include stainless steel appliances, walk-in closets, granite countertops, kitchen backsplashes, ceiling fans, full-size washer-dryers and private patios or balconies.
Bradenton and the North Port–Sarasota–Bradenton metropolitan area continue to benefit from strong population growth, economic expansion and an appealing coastal lifestyle. With 81 percent of area jobs accessible within a 30-minute drive and leading employers in healthcare, government and retail, the market outlook remains highly favorable.
The EB-5 visa program allows foreign investors to obtain a green card in exchange for making a qualifying investment in a U.S. project that creates or preserves at least 10 full-time jobs. The minimum investment is $800,000.
Unlocking Creative Financing: How EB-5 Can Optimize Your Capital Stack
Explore the innovative capital solution that's enhancing commercial real estate returns. In this episode, Greg Friedman talks with Adam Greene about how Peachtree Group leverages EB-5 foreign investment capital to optimize project financing and create U.S. jobs.
In a recent episode of the Peachtree Point of View podcast, Greg Friedman, CEO of Peachtree Group, sits down with Adam Greene, who heads the company's EB-5 program. Their conversation reveals how this unique financing mechanism can stimulate economic growth and job-creation while producing competitive advantages for commercial real estate investments.
For Peachtree Group investors, understanding EB-5 provides insight into how the firm enhances investment returns. The program works by connecting foreign nationals seeking U.S. green cards with development projects that need capital. These foreign investors contribute a minimum of $800,000 to qualifying projects that create U.S. jobs, and in exchange, they and their families receive a pathway to permanent residency.
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The EB-5 capital typically comes at a lower cost than traditional financing sources, as foreign investors are primarily motivated by immigration benefits rather than financial returns. This allows Peachtree to replace more expensive layers of the capital stack with this efficient capital, potentially improving overall project economics.
Adam Greene, with 14 years of specialized experience in EB-5 and nearly three decades in construction financing, explains Peachtree's innovative approach: Unlike competitors who use a "best efforts" fundraising model, Peachtree fully underwrites and commits to projects upfront, then uses EB-5 capital as a take-out strategy. This eliminates execution risk while still delivering the financial advantages of EB-5 funding.
The podcast highlights a recent $25 million Home2 Suites hotel in Boone, North Carolina as an example. Located in a rural area qualifying for the $800,000 EB-5 investment threshold, the project successfully incorporated EB-5 capital to enhance its financial structure.
The conversation also touches on the proposed "Gold Card" visa program under the Trump administration, which differs significantly from EB-5 as it involves a $5 million donation to the U.S. Treasury rather than an investment in job-creating projects.
Key Takeaways for Peachtree Investors:
- Enhanced Returns: EB-5 capital can be used as a take-out strategy for more expensive financing in the capital stack, potentially improving investment returns for Peachtree's investors.
- Risk Mitigation: Peachtree's approach eliminates the funding uncertainty typically associated with EB-5 by fully underwriting projects upfront, ensuring deal execution regardless of EB-5 raise timing.
- Competitive Advantage: In today's tight lending environment, access to this alternative capital source provides Peachtree projects with a meaningful edge in deal structuring.
- Job Creation: EB-5 allows worthy, job-creating projects to obtain capital to get done, but only if they prove the extra benefit of job creation for their local economies.
- Program Stability: The EB-5 program is authorized through September 2027, with investments made before September 2026 being grandfathered under current rules, providing a clear timeline for planning.
Listen to the full episode of Peachtree Point of View to gain deeper insights into how Peachtree leverages EB-5 financing to optimize returns on commercial real estate investments. Follow Peachtree Point of View on your favorite podcast platform for more strategic conversations on investment opportunities and financing innovations.
